Immigration Law
A federal judge has vacated the Trump administration's $100,000 H-1B visa fee, effective immediately and nationwide. Here is what changed, what it costs to file today, and what employers should watch next.
CTM Legal Group · June 8, 2026 · 5 min read
What Happened
On June 8, 2026, U.S. District Judge Leo T. Sorokin vacated the USCIS policy implementing the $100,000 H-1B fee created by the September 2025 executive proclamation. The ruling is effective immediately.
The court found the fee unlawful on three independent grounds:
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Because the ruling vacates the policy under the APA, rather than enjoining it as to specific parties, its effect is nationwide, applying to all employers and petitioners — not only the 20 states that brought the legal challenge.
What This Means for H-1B Filings Right Now
Effective immediately, the following applies to all H-1B petitions:
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✓ No Longer Required $100,000 H-1B fee USCIS may not collect this fee for any H-1B petition as of today. |
✓ Now in Effect Standard pre-Proclamation fees $215 lottery registration fee + $5,000 or more in standard filing fees, depending on petition type and employer size. |
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✗ Not Affected H-1B renewals / extensions Renewals were never subject to the $100,000 fee and continue as before. |
⌛ Open Question Refunds for fees already paid Today's ruling does not address whether employers who paid are entitled to a refund. That question remains open. |
⚠ This Could Change Quickly
A government appeal is widely expected. Critically, the government is also expected to seek a stay of the ruling. If a stay is granted, it would pause the relief and allow USCIS to resume collecting the $100,000 fee while the appeal proceeds. The legal landscape could shift rapidly in the days and weeks ahead.
What Employers Should Do Now
Unless and until a further court order is issued, USCIS should not require the $100,000 fee. However, employers should take the following steps before acting on today's ruling:
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Stay in close contact with immigration counsel before filing any H-1B petition. |
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Monitor this matter closely, as developments may come quickly, including an appeal or stay. |
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Avoid making firm business decisions based solely on today's ruling without first consulting with counsel. |
A Meaningful Win, for Now
For many employers and workers, today's ruling reopens doors that have been effectively closed for months. The $100,000 fee had placed H-1B sponsorship out of reach for many businesses, particularly small and mid-sized employers, and had created significant uncertainty across industries relying on specialized talent.
Today's decision is an important step. But given the likelihood of an appeal and a potential stay request, vigilance is essential.
CTM Legal Group is actively monitoring this development. If you have pending H-1B filings, have already paid the $100,000 fee, or have questions about how today's ruling affects your workforce planning, our immigration team is here to help.
Frequently Asked Questions
Is the $100,000 H-1B fee still required?
As of June 8, 2026, a federal court has vacated the fee and USCIS may not collect it. However, a government appeal and potential stay request are expected, so employers should monitor developments closely and consult immigration counsel before filing.
What H-1B fees apply right now?
Standard pre-Proclamation fees apply: the $215 lottery registration fee plus $5,000 or more in standard filing fees, depending on petition type and employer size.
Does this affect H-1B renewals or extensions?
No. H-1B renewals and extensions were never subject to the $100,000 fee and continue as before.
Will employers who already paid the $100,000 fee receive a refund?
Today's ruling does not address refunds for employers who already paid the fee. That question remains open and may be addressed in subsequent litigation.
Why does this ruling apply nationwide?
The court vacated the policy under the Administrative Procedure Act, which renders the rule void, not just blocked as to specific parties. This means the vacatur applies to all employers and petitioners across the country, not only the 20 states that brought the original legal challenge.
Have Questions About Your H-1B Filings?
Our immigration team is monitoring this ruling in real time. Reach out for guidance specific to your situation.
Contact CTM Legal GroupThe information in this post is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please contact CTM Legal Group for a consultation.
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